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Updated almost 3 years ago,

User Stats

15
Posts
9
Votes
Joy Elisse Garner
  • New to Real Estate
  • Grass Valley, CA
9
Votes |
15
Posts

Cali Zoning/Land Use Question New Laws - AB9/AB68

Joy Elisse Garner
  • New to Real Estate
  • Grass Valley, CA
Posted

New laws for development, like AB9, allow for single family zoned neighborhoods to build up to 2 units on a split parcel. However, we are in a "Neighborhood General " zone that is permitted as multifamily and single-family residential use and even some mixed commercial use zone, so it technically isn't an R1 zone, but it is "permitted" single family, multifamily, etc. 

This is also a grey area if I were to build two ADU's instead (which has cheaper impact fees and less expense to build overall) but this is only allowed in multifam zones with existing structure (which we have a duplex)... In both instances we have more than enough lot space to split and meet minimum setback requirements, as well as minimum square footage....
So the question is, can I build in those zones since they are "permitted" residential/multifamily use? Or do they need to actually be in the designated "single-family residential" zones. That is the part of the law I don't understand....

We are also within the cities general plan density requirements of residential 6 units per acre, since we happen to be next to a bunch of vacant lots...

The only issue the ministerial approval under the new law due to our "zone" not being labeled "single-family /multifamily residential", it is only "permitted use"... if that makes sense.

Can anyone help clear this zoning issue up? My city actually doesn't know either! Whenever I call the planning department they're stumped too. I would hate to start the application process and pay for all the fees if it is going to get shut down anyway and I don't have legal standing because of this grey area of zoning....